Gilbert v. Berry
Supreme Court of Iowa
Appeal from Keokuk District Court. — Charles A. Dewey, Judge. Appeal by cross-petitioner because, though it was decreed foreclosure of its mortgage against tbe Berrys, its application for a receiver was denied. —
1Opinion of the CourtEvans, J.
— I. The case involves tbe foreclosure of a mortgage upon a homestead. The mortgage provided for the appointment of a receiver to collect rents and profits of the mortgaged property, in the. event of foreclosure. The one question presented to us is whether, upon the record before us, we can say that the trial court erred in denying the prayer of the appellant, as cross-petitioner, for the appointment of a receiver. Before proceeding to- a discussion of that question, it is important that attention be first directed to the very state of the record. The appellant’s foreclosure petition…
2Cases cited5 opinions
- Callanan v. ShawSupreme Court of Iowa · 1865
- Myton v. DavenportSupreme Court of Iowa · 1879
- Swan v. MitchellSupreme Court of Iowa · 1891
- Paine v. McElroySupreme Court of Iowa · 1887
- White v. GriggsSupreme Court of Iowa · 1880
3Cited by4 opinions
- Cedar Rapids National Bank v. ToddSupreme Court of Iowa · 1925
- Iowa-Des Moines National Bank & Trust Co. v. CrawfordSupreme Court of Iowa · 1933
- Central Savings & Loan Association v. GaumerSupreme Court of Iowa · 1969
- Central Savings & Loan Association v. GaumerSupreme Court of Iowa · 1969